Thousands of people a year are injured because of faulty products. Product liability cases are brought when a manufacturer is accused of inadequately designing, manufacturing, or marketing their product to the consumer. An experienced attorney can help you recover compensation if you have been a victim of a faulty product.
Under product liability law in Nevada, companies have the responsibility to design and manufacture products that are safe to use and to inform consumers of any potential hazards. If a product is defective and causes harm to the consumer, the consumer may have legal grounds to seek compensation. If you believe that a defective product has harmed you, then the Las Vegas personal injury lawyers of De Castroverde Accident & Injury Lawyers can help you.
What is Product Liability?
As defined by NRS 695E.090, product liability addresses damages caused by the manufacturing, design, importation, distribution, packaging, labeling, lease, or sale of a product. This means that if you or a loved one suffer injury, emotional harm, economic damage, or even death because of a defective product, then you may have a case to bring against the manufacturer of the product.
Because of the way that product liability law functions, just about any product can cause damages that should be recovered by the victim of the defective product. If you are unsure whether or not your injuries might lead to compensation, you should seek the help of a product liability lawyer who has experience with this type of law.
What Products Usually Fall Under Product Liability Law?
The list of products that fall under product liability law can range from children’s toys to cars and prescription medications. Nevada is a strict liability state, which means that the injured party does not have to prove negligence, just that the product was defective, used in a reasonable manner, and caused the injury. Because of this, the list of products that fall under product liability law is seemingly endless.
Some of the most common products that cause injuries to consumers include:
- Cars or other vehicles
- Children’s toys
- Mechanical parts
- Home appliances
- Electronic devices
- Construction Equipment
- Food products
- Baby cribs
- Car tires
- Medical equipment
- Child strollers
- Prescription medicines
Three Common Types of Product Liability Cases
Product liability claims can vary greatly depending on the defective products and additional circumstances. However, there are generally three types of defects that lead to lawsuits against product manufacturers:
- Design Defects
This refers to products that were designed with serious flaws that make them dangerous to consumers. This means the product, from its inception, was designed with a serious defect that could make it potentially hazardous to those buying and using it.
Some examples of a design defect include:
- A car that catches fire easily in a crash due to where the gas tank is located.
- Medical devices such as pacemakers or prosthetic limbs that cause serious and sometimes fatal side effects.
- Manufacturing Defects
Some products are designed safely, but at some point in the manufacturing process, they are created in a faulty manner, rendering them hazardous to consumers. This could result in hundreds of thousands of perfectly safe products, with a small grouping of items manufactured with a dangerous flaw. This is typically referred to as negligence by the manufacturer. Manufacturing defects are the most common type of product liability claim.
Examples of manufacturing defects include:
- A car or bicycle that has faulty brakes, which causes more crashes than other cars or bikes of the same model.
- Toys or jewelry that have high levels of a chemical that is dangerous to those who use them.
- Insufficient or Inadequate Notification of Hazards
Marketing is important in the creation of a product, and even if an item is made correctly, a company could still be held liable for not warning consumers of any potential harm. This often plays out in improper labeling, lack of instructions, or incorrect instructions altogether.
Examples of inadequate notification of hazards include:
- A medication that causes serious side effects that were not properly advertised to those who used the product.
- Tools that did not come with instructions on how to safely use them, which results in a serious injury or property damage.
Do I Have a Product Liability Claim in Nevada?
If you have suffered injuries or property damage due to a defective product, then you may be eligible to recover compensation. The easiest way to determine whether or not you have a claim is to ask yourself if one of the three types of product liability claims discussed above fits the cause of your injury. If you are unsure if your situation fits the criteria for a lawsuit, then you should contact a product liability lawyer.
Once your claim has been created, your attorney will present your lawsuit. There are a few different ways that your lawsuit can be filed. How you move forward with your lawsuit will depend on the circumstances surrounding your injuries, and if there are any other lawsuits that have been filed regarding the same product causing similar injuries to your own.
The three types of lawsuits that you could be involved in are:
- Personal Injury
- Mass Tort
- Class Action
All three of these lawsuit types serve a purpose and can affect how your case is handled and how much you are compensated in the case of a settlement.
If your case is handled as a normal personal injury lawsuit, then you will be treated as an individual and your lawsuit against the manufacturer of a product will be presented. If a settlement is reached, you will receive it.
Mass tort and class action lawsuits occur when a group of plaintiffs experienced similar symptoms or injuries related to one single product. These are common in the case of lawsuits brought against drug manufacturers who provide products that cause side effects that they did not properly warn their consumers about.
The key difference between mass tort and class action lawsuits is how you will be compensated when a settlement is reached. In a class-action lawsuit, you will receive a split of the settlement with everyone else involved. Sometimes the people are broken up into tiers, with each tier receiving the same compensation. In a mass tort lawsuit, you will be treated as an individual, and when a settlement is reached in a Bellwether trial, it will serve as a reference for how much you should receive based on your injuries.
Your lawyer can help you determine which type of lawsuit is best for you based on the circumstances of your claim.
Choosing a Product Liability Attorney
There are many product liability and personal injury attorneys to choose from. It can be intimidating to pick the right one for you. The best thing that you can do when choosing your attorney is to do research. For each law firm that you research, you should explore their settlement history and check to see if they have experience with cases that are similar to yours.
Many law firms offer free consultations and you should use these meetings to ask any questions you have related to your claim. The answers you receive to your questions will help you choose the attorney that you think will best represent you.
Contact Us to Learn More About Your Product Liability Claim Today
Suffering injuries due to a product defect can lead to a lot of stress and confusion about how to move forward. Whether it’s your first time being involved in a lawsuit or you are unfortunately going through the process again, trying to figure out your case on your own is a daunting task that can leave you feeling helpless. It is important to remember that you have options. No matter the severity of your injuries or what product harmed you, our product liability lawyers can help.
If you believe you’ve been the victim of a faulty product, don’t hesitate to contact the product liability attorneys at De Castroverde Accident & Injury Lawyers. De Castroverde Law Group is dedicated to helping victims in these cases pursue the justice and compensation they deserve. For more information about how we can help you with your product liability claim, call us today at 702-222-9999.